A.
The provisions of this chapter shall be administered
and enforced by a Zoning Officer who shall be appointed by the Council.
The Zoning Officer shall hold no elective office in the Municipality.
The Zoning Officer shall meet the qualifications established by the
Municipality and shall be able to demonstrate, to the satisfaction
of the Municipality, a working knowledge of municipal zoning.
B.
The Zoning Officer shall have all the powers and duties
conferred upon him by this chapter and the Pennsylvania Municipalities
Planning Code. The Zoning Officer's duties shall include the following:
(1)
Receive and examine all applications for zoning
approval, building permits and certificates of occupancy.
(2)
Notify applicants of any deficiencies in applications
and request additional information.
(3)
Process applications for zoning approval, building
permits and certificates of occupancy for all permitted uses.
(4)
Receive applications for uses by special exception
and variances and forward these applications to the Zoning Hearing
Board for action prior to considering issuance of zoning approval,
building permits or certificates of occupancy for the proposed use.
(5)
Receive applications for conditional uses and
forward these applications to the Planning Commission and Council
for recommendation and action prior to considering issuance of zoning
approval, a building permit or certificate of occupancy for the proposed
use.
(6)
Receive and process all requests for reasonable
accommodation under the Fair Housing Amendments Act and the Americans
with Disabilities Act (ADA).
(7)
Issue permits only where there is compliance
with the provisions of this chapter, with other Municipality ordinances
and with the laws of the commonwealth.
(8)
Issue denials of zoning approval, a building
permit or certificate of occupancy and refer any appeal of the denial
to the Zoning Hearing Board for action thereon.
(9)
Conduct inspections and surveys to determine
compliance or noncompliance with this chapter.
(11)
With the approval of the Council, or when directed
by the Council, institute in the name of the Municipality any appropriate
action or proceeding to prevent unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use; to restrain, correct
or abate such violation so as to prevent the occupancy or use of any
building, structure or land; or to prevent any illegal act, conduct,
business or use in or about such premises.
(12)
Revoke any order or permit issued under a mistake
of fact or contrary to the law or the provisions of this chapter.
(13)
Record and file all applications for zoning
approvals, building permits and certificates of occupancy with accompanying
plans and documents, and maintain those files as a public record.
(14)
Maintain the Zoning District Map for the Municipality.
(16)
Submit a monthly written report to the Council
of all building permits, certificates of occupancy, sign permits,
temporary use permits and all notices of violation and orders issued.
(17)
Meet with the Planning Commission no less frequently
than quarterly to advise the Commission regarding potential developments
and to discuss any problems in administering this chapter and/or recommend
amendments to this chapter.
A.
Violations. Failure to comply with any provisions
of this chapter; failure to secure zoning approval or a building permit
prior to the erection, construction, extension, structural alteration,
addition or occupancy of a building or structure; or failure to secure
a certificate of occupancy for the use or change of use or occupancy
of structures or land shall be a violation of this chapter.
B.
Enforcement notice. The enforcement notice shall contain
the following information:
(1)
The name of the owner of record and any other
person against whom the Municipality intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of
the requirements which have not been met, citing in each instance
the applicable provisions of this chapter.
(4)
The date before which steps for compliance must
be commenced and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right
to appeal to the Zoning Hearing Board within a prescribed period of
time in accordance with the procedures set forth in this chapter.
(6)
That failure to comply with the notice within
the time specified, unless extended by appeal to the Zoning Hearing
Board, constitutes a violation, with possible sanctions clearly described.
C.
Enforcement remedies.
(1)
Any person, partnership or corporation who or
which has violated or permitted the violation of the provisions of
this chapter shall, upon being found liable therefor in a civil enforcement
proceeding commenced by the Municipality, pay a judgment of not more
than $500 plus all court costs, including reasonable attorney fees
incurred by the Municipality as a result thereof. No judgment shall
commence or be imposed, levied or be payable until the date of the
determination of a violation by the District Justice. If the defendant
neither pays nor timely appeals the judgment, the Municipality may
enforce the judgment pursuant to the applicable rules of civil procedure.
(2)
Each day that a violation continues shall constitute
a separate violation, unless the District Justice, determining that
there has been a violation, further determines that there was a good
faith basis for the person, partnership or corporation violating this
chapter to have believed that there was no such violation, in which
event there shall be deemed to have been only one such violation until
the 5th day following the date of the determination of a violation
by the District Justice, and thereafter each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorney fees collected for the violation of this chapter
shall be paid over to the Municipality.
(3)
The Court of Common Pleas, upon petition, may
grant an order of stay, upon cause shown, tolling the per diem fine
pending a final adjudication of the violation and judgment.
(4)
Nothing contained in this subsection shall be
construed or interpreted to grant to any person or entity other than
the Municipality the right to commence any action for enforcement
pursuant to this subsection.
D.
Causes of action. In case any building or structure
is erected, constructed, reconstructed, structurally altered, repaired,
converted or maintained or any building or structure or land is used
in violation of this chapter or of any other ordinance or regulation
made under authority conferred hereby, the Council or, with approval
of the Council, the Zoning Officer or other proper official, in addition
to other remedies, may institute in the name of the Municipality any
appropriate action or proceeding to: prevent, restrain, correct or
abate such unlawful erection, construction, reconstruction, structural
alteration, repair, conversion, maintenance or use; to prevent the
occupancy of any building, structure or land; or to prevent any illegal
act, conduct, business or use which constitutes a violation.
A.
Applications for permits. In all cases, any application
for a permit of any of the types described in this chapter shall be
decided not only on the basis of compliance with this Zoning Ordinance,
but also on the basis of compliance with all other applicable Municipality
ordinances and all other applicable rules and regulations of the various
Municipality authorities and agencies which might be concerned, as
well as state and federal requirements and permits.
B.
Reasonable accommodation procedure and criteria.
(1)
Persons with a claim for a reasonable accommodation
under the Fair Housing Amendments Act or the Americans with Disabilities
Act shall submit their request in writing to the Zoning Officer on
an application form which shall require that the following information,
and such other information as may be reasonably needed to process
the request, be provided:
(a)
Specific citation of the Zoning Ordinance provision
from which reasonable accommodation is requested;
(b)
The name and address of the applicants;
(c)
The specific description of the reasonable accommodation
sought and the particulars, including exact dimensions of any proposed
structural or locational accommodation;
(d)
The condition of the applicants for which reasonable
accommodation is sought;
(e)
A description of the hardship, if any, that
the applicants will incur absent provision of the reasonable accommodation
requested;
(f)
A description of any alternative methods of
relieving the claimed hardship that have been considered and the reason,
if any, why applicants have rejected such alternatives;
(g)
A statement describing why the requested accommodation
is necessary to afford the applicants an opportunity equal to a nonhandicapped
or nondisabled person to use and enjoy the dwelling in question;
(h)
A description of the manner in which the accommodation,
if granted, will be terminated or removed if no longer required to
afford equal housing opportunity to handicapped or disabled persons;
and
(i)
A statement of any facts indicating whether
or not nonhandicapped or nondisabled persons would be permitted to
utilize the property in question in a manner similar to that sought
by applicants.
(2)
The Zoning Officer may hold any meetings and/or
hearings necessary in his discretion to elicit information or argument
pertinent to the request for accommodation.
(3)
The Zoning Officer's decision shall be in writing
and shall state the reasons for the decision.
(4)
The Zoning Officer shall issue his written decision
to the applicants and the Municipality within 30 days of filing of
the request for accommodation.
(5)
A request for reasonable accommodation should
be directed, in the first instance, to the Zoning Officer. In considering
a request for reasonable accommodation, the Zoning Officer shall,
with the advice and counsel of the Municipality Solicitor, apply the
following criteria:
(a)
Whether the applicants are handicapped or disabled
within the meaning of the federal Fair Housing Amendments Act or the
Americans with Disabilities Act;
(b)
The degree to which the accommodation sought
is related to the handicap or disability of the applicants;
(c)
A description of the hardship, if any, that
the applicants will incur absent provision of the reasonable accommodation
requested;
(d)
The extent to which the requested accommodation
is necessary to afford the applicants an opportunity equal to a nonhandicapped
or nondisabled person to use and enjoy the dwelling in question;
(e)
The extent to which the proposed accommodation
may impact other property owners in the immediate vicinity;
(f)
The extent to which the requested accommodation
may be consistent with or contrary to the zoning purposes promoted
by the Zoning Ordinance, the Comprehensive Plan and the community
development objectives set forth in the Zoning Ordinance;
(g)
The extent to which the requested accommodation
would impose financial and administrative burdens upon the Municipality;
(h)
The extent to which the requested accommodation
would impose an undue hardship upon the Municipality;
(i)
The extent to which the requested accommodation
would require a fundamental alteration in the nature of the Municipality's
regulatory policies, objectives and regulations;
(j)
The extent to which the requested accommodation
would result in a subsidy, privilege or benefit not available to nonhandicapped
or nondisabled persons;
(k)
The permanency of the requested accommodation
and the conditions under which such accommodation will be removed,
terminated or discontinued when no longer needed to provide handicapped
or disabled persons with equal opportunity to use and enjoy the dwelling
in question; and
(l)
The extent to which the requested accommodation
will increase the value of the property during and after its occupancy
by applicants.
A.
When required.
(1)
No land use may be established or changed; no
structure or building may be erected, constructed, reconstructed,
structurally altered, razed or removed; and no building or structure
may be used or occupied or the use changed until a zoning certificate
has been obtained from the Zoning Officer.
(2)
In the instances where a building permit is
required and applied for, a zoning certificate shall be prerequisite
to the building permit. In those instances where no building permit
is required, an application for a certificate of occupancy for a new
or changed use of land or structure shall include an application for
a zoning certificate.
(3)
In the case of a conditional use or use by special
exception, the Zoning Officer shall refer the application to the Planning
Commission and Council or to the Zoning Hearing Board, whichever is
applicable, for a decision granting zoning approval prior to issuing
a zoning certificate. Whenever the approval of a conditional use or
use by special exception includes conditions attached to the approval,
said conditions shall be incorporated into the zoning certificate.
(4)
In the case of a permitted use, the Zoning Officer
shall not issue the zoning certificate unless and until all applicable
regulations of this chapter have been met and, in the case of a use
for which land development plan approval is required by the Municipality
Subdivision and Land Development Ordinance,[1] unless and until final approval of the land development
plan has been granted by the Council. Whenever final approval of a
land development plan is subject to conditions, those conditions shall
be incorporated into the zoning certificate.
B.
Application for zoning certificate. All applications
for zoning certificates shall be made in writing by the owner or his
authorized agency on a form furnished by the Municipality and shall
include a statement of the intended use of the building and a property
survey both prepared in duplicate and drawn to scale, and copies of
all required county, state and/or federal permits as approved by the
appropriate agency and shall include the following information at
a minimum:
(1)
All applications for a zoning certificate shall
be accompanied by two copies of a property survey, drawn to scale,
showing: key location map; graphic scale; North arrow; closest intersecting
public road; exact dimensions and total acreage of the lot(s) or parcel;
zoning of lots and zoning of all abutting properties; exact location
and exterior dimensions of the existing and proposed building(s) or
other structure(s); exact location and area of all existing and proposed
watercourses, drainageways, rights-of-way and easements; exact location
of existing and proposed driveways, streets and roads within, adjacent
and opposite to the lot(s) or parcel; exact location of existing and
proposed off-street parking, loading and pedestrian movement facilities;
exact dimensions of front, side and rear yards for all principal and
accessory uses; and any other additional data as may be deemed necessary
and be requested by the Zoning Officer to determine compliance with
this chapter.
(2)
The Zoning Officer may require an applicant
to furnish a survey of the property by a Pennsylvania-registered land
surveyor when complete and accurate information is not readily available
from existing records.
(3)
The Zoning Officer may require additional data to determine compliance with this chapter. It shall be the duty of the Zoning Officer to review the application to determine if all necessary information has been submitted and request more information of the applicant or officially receive the application for review by the appropriate Municipality agencies. Unless such requirement is waived by the Council, all applications for a zoning certificate shall be accompanied by a fee, to be based upon the fee schedule of the Municipality, as provided for in § 220-116 of this chapter.
C.
Zoning certificate. Upon approval of the application
for a zoning certificate, one copy of the approved certificate shall
be returned to the applicant. One copy of such certificate shall be
kept on file in the Municipality Office.
D.
Denial of zoning certificate. In the event of a denial,
the Zoning Officer shall state in writing the reason(s) for such denial,
including the citation of the specific section(s) of this or other
pertinent ordinances that have not been met.
E.
Inspection. The Zoning Officer, or his duly appointed
representative, may make inspections on the property for which an
application for a zoning certificate has been submitted or issued.
F.
Failure to obtain zoning certificate. Failure to obtain
a zoning certificate shall be a violation of this chapter and shall
be subject to the enforcement remedies of this chapter.
A.
When required. A building permit shall be required
in accordance with the requirements of the Municipality Building Code.[1] A zoning certificate shall be prerequisite to obtaining
a building permit. Building permits shall not be issued unless the
property included in the permit application is a lot of record, as
defined by this chapter.
B.
Foundation survey required.
(1)
Within 72 hours of forming the foundation walls
of the proposed principal structure, the person to whom the building
permit has been issued shall notify the Zoning Officer and shall provide
a surveyor's certification of the location of the foundation walls.
Within three business days, the Zoning Officer shall notify the holder
of the building permit whether the foundation survey is in compliance
with this chapter. Failure of the Zoning Officer to act within the
time specified shall result in deemed approval of the footer location.
If the permittee proceeds with construction during the three-day review
period, work shall be at the permittee's own risk.
(2)
Failure to submit the required foundation survey
shall be grounds for the Zoning Officer to issue a cease and desist
order.
(3)
If the Zoning Officer finds that the foundation survey is not in compliance with the provisions of this chapter and the approved building permit, the Zoning Officer shall require the removal of the footer, or the portion thereof that is not in compliance, by issuing a notice of violation in accordance with the procedures specified in § 220-108B.
A.
A certificate of occupancy indicating compliance with
the provisions of this chapter shall be required prior to:
(1)
Occupancy of any structure following completion
of construction, reconstruction or enlargement of the structure governed
by an approved building permit.
(2)
A change in the use of an existing building,
structure, water body or land area except for the same use operated
by a different owner.
(3)
A change of a nonconforming use, building or
structure authorized by the Zoning Hearing Board.
B.
Application for permit. All requests for a certificate
of occupancy shall be made in writing, on a form furnished by the
Municipality, completed by the owner or other authorized agent, and
shall include a statement of the type of proposed use intended for
the building, land or water body.
(1)
A certificate of occupancy for a change of use
in an existing building shall be applied for and shall be issued before
the new use is established.
(2)
It shall be the duty of the Zoning Officer to
review the application to determine if all necessary information has
been submitted, to request more information of the applicant or officially
receive the application.
C.
Issuance of certificate of occupancy. Applications
for a certificate of occupancy shall be reviewed by the Zoning Officer.
The Zoning Officer shall issue the findings or approval of the application.
Upon approval of the request for a certificate of occupancy, one copy
of the certificate shall be given to the applicant and one copy of
the certificate shall be kept on file in the Municipality Office.
D.
Denial of certificate of occupancy. In the event of
denial, the Zoning Officer shall forward to the applicant a written
statement containing the reason(s) for such denial and shall cite
the specific requirements of this chapter that have not been met.
E.
Time limitations. A certificate of occupancy shall
remain valid for as long as the structure or building is used in the
manner the certificate has been issued for.
F.
Temporary certificate of occupancy. A temporary certificate
of occupancy may be issued by the Zoning Officer for a period not
exceeding six months to permit partial occupancy of a building while
work is being completed, provided such temporary certificate of occupancy
may require such conditions and safeguards as may be warranted, including
posting of surety, to protect the health and safety of the occupants
and the public and guarantee compliance with the provisions of this
chapter or any conditions attached to the zoning certificate.
G.
Failure to obtain a certificate of occupancy. Failure
to obtain a certificate of occupancy shall be a violation of this
chapter and shall be subject to enforcement remedies as provided in
this chapter.
A temporary use permit shall be required prior
to the initiation of a permitted temporary use of a structure, land
or water body and shall meet the following requirements:
A.
Approvals required.
(1)
Temporary uses such as festivals, fairs or other similar activities sponsored by a governmental, local nonprofit, community or charitable organization and operating five or less consecutive days shall be exempt from conditional use requirements or consideration otherwise applicable to any particular district as applied to a permanent facility, provided the Zoning Officer determines compliance with the standards of § 220-33 as a condition precedent to obtaining the temporary use permit under this section.
(2)
Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail establishment with the permission of the landowner for a period of not more than 72 consecutive hours shall be exempt from obtaining a temporary use permit. Any such activity which exceeds 72 consecutive hours in duration shall be subject to approval by the Zoning Officer of a temporary use permit and this section, provided the Zoning Officer determines compliance with all applicable standards of § 220-33.
B.
Application for permit. All requests for temporary
use permits shall be made in writing on a form furnished by the Municipality
and shall include a full description of the type of use for which
such permit is being sought and the dates during which this use shall
be in existence.
(1)
It shall be the duty of the Zoning Officer to
review the application for compliance, request more information of
the applicant or officially receive the application.
C.
Issuance of permit. Applications for a temporary use
permit shall be reviewed by the Zoning Officer. The Zoning Officer
shall issue approval or denial of the temporary use permit. Upon approval
of the request for a temporary use permit, one copy of the permit
shall be given to the applicant. The copy of the permit must be publicly
displayed at the site of the temporary use during the existence of
the use. One copy of the permit shall be kept on file in the Municipality
Office.
D.
Denial of permit. In the event of denial, the Zoning
Officer shall forward to the applicant a written statement containing
the reason(s) for such denial and shall cite the specific requirements
of this chapter that have not been met.
E.
Time limitations. Temporary use permits are valid
for the time period(s) specified in this chapter.
F.
Inspections.
(1)
The Zoning Officer, or his fully appointed representative,
may make an inspection of the property on which such temporary use
is to be located to determine the suitability of the site for the
use. This inspection shall be made prior to issuing a permit, prior
to initiation of the use or, in the event a renewal of the permit
is requested, during the time the use is in existence.
(2)
In the event of such inspection, a record shall
be made indicating the time and date of inspection, the findings of
the Zoning Officer in regard to conformance with this chapter and
other Municipality ordinances, and the opinion of the Zoning Officer
in regard to the suitability of the site for this use.
G.
Failure to obtain a temporary use permit. Failure
to obtain a temporary use permit shall be a violation of this chapter
and shall be subject to enforcement remedies as provided in this chapter.
A sign permit shall be required prior to the
erection or structural alteration of any sign, either permanent or
temporary. It shall be unlawful for any person to commence work for
the erection or alteration of any sign until a permit has been issued.
No sign permit shall be required for real estate signs, nameplate
signs, or official governmental street, road and traffic control signs.
A.
Application for permit. All requests for sign permits
shall be made in writing on a form furnished by the Municipality and
shall include a full description of the proposed sign, a description
of the lot upon which such proposed sign is to be located and a description
of any other existing signs on the same lot.
(1)
All applications for a sign permit shall be
accompanied by two copies of a drawing, showing width of sign; height
of sign; gross surface area of sign; total height of sign above adjacent
ground level; clearance between bottommost part of sign and ground
level; distance between front edge of sign and adjacent street or
road right-of-way; and distance between front edge of sign and inside
edge of adjacent sidewalk, if applicable.
(2)
It shall be the duty of the Zoning Officer to
review the application for completeness and compliance, request more
information of the applicant or officially receive the application
for the sign.
B.
Issuance of permit.
(1)
Applications for a permanent sign shall be reviewed
by the Planning Commission. The Zoning Officer shall not issue a permit
until receipt of review comments of the Planning Commission.
(2)
Applications for a temporary sign permit shall
be reviewed by the Zoning Officer.
(3)
Upon approval of the sign permit, one copy of
the permit shall be given to the applicant and one copy of the permit
shall be kept on file in the Municipality Office.
C.
Denial of permit. In the event of denial, the Zoning
Officer shall forward to the applicant a written statement containing
the reason(s) for such denial and shall cite the specific requirements
of this chapter that have not been met.
D.
Inspections.
(1)
For a permanent sign permit, the Zoning Officer,
or his fully appointed representative, may make the following inspections
on property on which the permanent sign is to be located: prior to
installation of the sign, following installation of the sign, occasionally
to determine continued maintenance and compliance with this chapter,
in response to any written complaint, whenever the sign is proposed
to be replaced or modified and upon cessation of the use for which
the sign was erected.
(2)
For a temporary sign permit, the Zoning Officer,
or his fully appointed representative, may make inspection(s) to determine
conformance with this chapter and other applicable Municipality ordinances
and the suitability of the site for this use.
E.
Failure to obtain a sign permit. Failure to obtain
a sign permit shall be a violation of this chapter and shall be subject
to enforcement remedies as provided in this chapter.
The Council may introduce and/or consider amendments
to this chapter and to the Zoning District Map, as proposed by the
Council or by the Planning Commission or by a petition of landowners
of property within the Municipality.
A.
Petitions. Petitions for amendments shall be filed
with the Planning Commission at least 15 calendar days prior to the
meeting at which the petition is to be heard. In the case of a petition
for reclassification of property, the petitioners, upon such filing,
shall submit a legal description of the property proposed to be rezoned.
All petitions shall include a statement justifying the request and
documenting consistency with the Municipality's Comprehensive Plan
and a filing fee, in accordance with the fee schedule fixed by resolution
of the Council. The Planning Commission shall review the proposed
amendment and report its findings and recommendations in writing to
the Council.
B.
Referral. Any proposed amendment presented to the
Council without written findings and recommendations from the Municipality
Planning Commission and the Westmoreland County Planning Commission
shall be referred to these agencies for review at least 30 days prior
to the public hearing of the Council. The Council shall not hold a
public hearing upon such amendments until the required reviews are
received or the expiration of 30 days from the date of referral, whichever
comes first.
C.
Posting of property. If the proposed amendment involves
a change to the Zoning District Map, notice of the public hearing
shall be conspicuously posted by the Municipality at points deemed
sufficient by the Municipality along the tract to notify potentially
interested citizens at least seven days prior to the date of the public
hearing.
D.
Public notice and public hearing. Before acting on
a proposed amendment, the Council shall hold a public hearing thereon.
Public notice, as defined by this chapter, shall be given containing
a brief summary of the proposed amendment and reference to the place
where copies of the same may be examined.
E.
Readvertisement. If, after any public hearing is held
upon a proposed amendment, the amendment is substantially changed
or revised to include land not previously affected by the amendment,
the Council shall hold another public hearing, pursuant to public
notice, before proceeding to vote on the amendment.
F.
Publication, advertisement and availability.
(1)
Proposed amendments shall not be enacted unless
the Council gives notice of the proposed enactment, including the
time and place of the meeting at which passage will be considered
and a reference to the place in the Municipality where copies of the
proposed amendment may be examined without charge or obtained for
a charge not greater than the cost thereof.
(2)
The Council shall publish the proposed amendment
once in a newspaper of general circulation in the Municipality not
more than 60 nor less than seven days prior to passage. Publication
of the proposed amendment shall include either the full text thereof
or the title and a brief summary prepared by the Municipality Solicitor
setting forth all the provisions in reasonable detail. If the full
text is not included:
G.
Action. Within 90 days of the date when the public
hearing on the proposed amendment is officially closed, the Council
shall vote on the proposed amendment. In the event substantial amendments
are made in the proposed amendment, the Council shall readvertise
in one newspaper of general circulation in the Municipality a brief
summary of the amendments at least 10 days prior to enactment.
H.
Filing amendment with County Planning Commission.
Within 30 days after enactment, a copy of the amendment to this chapter
shall be forwarded to the Westmoreland County Planning Commission.
The Council shall establish and revise, from
time to time, a schedule of fees by resolution, as well as a collection
procedure, for all applications submitted under the provisions of
this chapter. The schedule of fees shall be available to the public
from the Zoning Officer or Municipality Secretary.
A curative amendment may be filed by a landowner
who desires to challenge, on substantive grounds, the validity of
this chapter or the Zoning District Map or any provision thereof which
prohibits or restricts the use or development of land in which he
has an interest.
A.
Procedure. The landowner may submit a curative amendment
to the Council with a written request that his challenge and proposed
amendment be heard and decided as provided in Sections 609.1 and 1004
of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
As with other proposed amendments, the curative amendment shall be
referred to the Municipality Planning Commission and the Westmoreland
County Planning Commission at least 30 days before the hearing is
conducted by the Council. Public notice shall be given in accordance
with Sections 610, 1004 and other applicable provisions of the Pennsylvania
Municipalities Planning Code. The hearings shall be conducted in accordance
with the provisions of Subsections (4) through (8) of Section 908
of the Pennsylvania Municipalities Planning Code and all references
in that section to the "Zoning Hearing Board" shall be references
to the Council.
B.
Evaluation of merits of curative amendment. If the
Council determines that a validity challenge has merit, the Council
may accept a landowner's curative amendment, with or without revision,
or may adopt an alternative amendment which will cure the alleged
defects. The Council shall consider the curative amendments, plans
and explanatory material submitted by the landowner and shall also
consider:
(1)
The impact of the proposal upon roads, sewer
facilities, water supplies, schools and other public service facilities;
(2)
If the proposal is for a residential use, the
impact of the proposal upon regional housing needs and the effectiveness
of the proposal in providing housing units of a type actually available
to and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of this chapter or the Zoning District
Map;
(3)
The suitability of the site for the intensity
of the use proposed by the site's soils, slopes, woodlands, wetlands,
floodplains, aquifers, natural resources and other natural features;
(4)
The impact of the proposed use on the site's
soils, slopes, woodlands, wetlands, floodplains, natural resources
and natural features, the degree to which these are protected or destroyed,
the tolerance of the resources to development and any adverse environmental
impacts; and
(5)
The impact of the proposal on the preservation
of agriculture and other land uses which are essential to public health
and welfare.
C.
Declaration of invalidity by court. If the Municipality
does not accept a landowner's curative amendment brought in accordance
with this section and a court subsequently rules the challenge has
merit, the court's decision shall not result in a declaration of invalidity
for this entire chapter, but only for those provisions which specifically
relate to the landowner's curative amendment challenge.
